News behind the news. This picture is me (white spot) standing on the bridge connecting European and North American tectonic plates. It is located in the Reykjanes area of Iceland. By-the-way, this is a color picture.

Tag Archives: Jury

If you are looking for objective jurors, there is no way you can support this bill. Jury selection has become an art form. Many people are disqualified from serving on a jury because a family member is a police officer. If they are disqualified for that reason, shouldn’t felons also be disqualified.

The Associated Press is reporting that Dzhokhar Tsarnaev was convicted on all charges Wednesday in the Boston Marathon bombing by a federal jury. The question now is whether or not he will receive the death penalty.

The verdict – reached after a day and a half of deliberations – was practically a foregone conclusion, given his lawyer’s startling admission at the trial’s outset that Tsarnaev carried out the terror attack with his now-dead older brother, Tamerlan.

Tsarnaev‘s defense lawyer, Judy Clarke, has argued that Tsarnaev, who was nineteen at the time of the bombing, committed the crime because he was under the influence of his older brother, Tamerlan. That may be so, but it doesn’t excuse what he did. Tsarnaev had (and has) free choice in choosing his actions, and now he is being called to take responsibility for those actions.

Whatever happens to Tsarnaev, the victims of the bombing will never be able to go back to where they were before the event–the loved ones will still be lost and the major injuries will still be there. Executing Tsarnaev will not change anything that has happened, but I am not sure anything will be gained by keeping him alive either.

On the November ballot you will be asked to vote on a change to the North Carolina Constitution. The change is to allow individuals who appear in Superior Court, in cases where the State is NOT pursuing the death penalty, to waive their right to a trial by jury. With the approval of the Judge, they will go in front of a Judge only. The question on the ballot will be as follows:

[ ] FOR [ ] AGAINST

Constitutional Amendment providing that a person accused of any criminal offense for which the State is not seeking a sentence of death in Superior Court may, in writing or on the record in court and with the consent of the trial Judge, waive the person’s right to a trial by jury.

To some, the proposed amendment seems benign. It seems like no big deal, until you look at the ramifications, the precedence being set, and the liberty safeguards being forfeited.

Next to our 2nd Amendment right to keep and bear arms, whose inclusion into the Bill of Rights was intended to ensure that we the people had the ability to fight a tyrannical government, our 6th Amendment right to trial by jury is the next most important right that we have.

This right is another measure to ensure that we can overcome a tyrannical government because juries have the power to judge the law as well as the facts of a case.

What would be the purpose of this amendment? I can only reason that its purpose is intended to clear the backlog of cases. On whose backs will this come? The State would like to cut down on costs for providing legal defense to the indigent. Sadly, they will be the ones targeted because disposing of their cases by a Judge alone is generally quicker and cheaper than dragging out a Jury Trial.

Let’s take a look at a couple scenarios to determine what could happen:

1. Promises and Coercion: The indigent defendant is sitting in their cell awaiting trial because they cannot afford bail. They are approached by an officer of the court and the conversation goes like this: “It will likely be months before we can get you in front of a jury, but if you sign this waiver, we can get you in front of Judge so-and-so in a week or two. He’s usually pretty lenient in cases like yours.” What do you think the defendant is likely to do? He wants out of the cell; he wants his freedom. He is likely to sign the waiver under the belief that he will be out of there quicker, and with a lighter sentence. It is not likely that all will go as promised.

2. Juries have the right to judge the law as well as the facts of the case. That means that, even though you may be guilty of violating a law as written, the jury may choose not to convict you because they believe the law to be a bad one, or they believe that the law simply should not apply in your case due to mitigating, extenuating, or exigent circumstances. This is called Nullification, and a Judge is not likely to consider this.

3. What about Justice? The powerful and the politically connected commit crimes like everyone else. Picture a Senator or other powerful individual manipulating the system by choosing to waive his/her right to a jury trial in order to get in front of a Judge that he/she knows, such as a friend, a supporter, or someone who owes a favor. Justice would not be served in this case.

4. When the government gets their ‘foot in the door’ the next step is to kick it wide open. Think of the seat belt law. In order to calm public opinion when the seat belt law was being considered, we the people were told that this would be a secondary offence. In other words, we would not be pulled over just for a seat belt violation, but we could be ticketed for not wearing a seat belt if we were pulled over for another offence. The reality is that shortly after the law was passed, it was changed to make it a primary offence. Just like that, once this amendment is passed, after a short time I can easily envision a change making it no longer a choice in certain cases, but a mandate. I can envision the law being changed to state that if you are charged with certain crimes, those particular crimes will no longer allow trial by jury, but will be tried in front of a Judge only. Can you see it?

We are losing our rights by the day, and we should not just give them away. I voted NO on the bill to put this on the ballot.

I recommend that you vote NO on the amendment.

It would not be smart to change the law in this way. Under this change, an average citizen could very easily be deprived of his right to a trial by jury. Please vote against this change.

The jury in Florida has found George Zimmerman not guilty. The jury made that decision based on the evidence and information they were given. None of us are privy to the discussions that went on among the jury, and we would do well to accept that they made the correct decision based on the evidence they were given.

It is my hope that those people attempting to stir up racial strife based on the incident and trial involving George Zimmerman and Trayvon Martin will accept this verdict. It is very unfortunate that Trayvon Martin is dead, but it would have been even more unfortunate to send a man to jail for twenty years because he defended himself against a physical threat. My sympathies go out to both families–to the Martin family for the loss of their son and to George Zimmerman as he strives to go back to living a normal life.